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Disorderly Conduct in Arizona | A.R.S. §13-2904

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Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
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Disorderly Conduct in Arizona | A.R.S. §13-2904

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 1,000+ Assault/Violent Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Assault/Violent Crime Victories!

Click Here to See Misdemeanor Disorderly Conduct / Threats Victories

Beware of Assault/Violent Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Assault/Violent Crimes Attorney and Assault/Violent Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Assault/Violent Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Disorderly Conduct Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Disorderly Conduct cases.

Every Major Felony Disorderly Conduct case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Disorderly Conduct Law Team in Arizona

How do you know who has the best Disorderly Conduct Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Disorderly Conduct in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Disorderly Conduct Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Disorderly Conduct Defense Team, DM Cantor.

David is a highly-skilled Disorderly ConductDefense Lawyer who knows the Disorderly Conduct laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Disorderly Conduct Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Disorderly Conduct overview as to how the DM Cantor Phoenix Disorderly Conduct Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Disorderly Conduct. So whether you have a single Disorderly Conduct charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Disorderly Conduct Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Disorderly Conduct Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Disorderly Conduct charge.

What is Disorderly Conduct in Arizona?

In Arizona, per A.R.S. §13-2904 “Disorderly Conduct” occurs when a person:

  • Disturbs the peace or quiet of a neighborhood, family or person by engaging in fighting, violent or seriously disruptive behavior
  • Makes unreasonable noise
  • Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation of such person
  • Makes any protracted commotion, utterance, or display with the intent to prevent the transaction of business of a lawful meeting, gathering, or procession
  • Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or any other emergency
  • Recklessly handles, displays or discharges a deadly weapon or dangerous instrument (i.e., a gun).

Watch this short video where David explains Felony Disorderly Conduct in Arizona:

Is Disorderly conduct a misdemeanor or felony in Arizona? Disorderly conduct in Arizona is always a misdemeanor unless a deadly weapon or harmful instrument is used like a gun, or a knife, then it becomes a disorderly conduct felony charge.

Many times people think of this charge as “Drunk and Disorderly,” or when a couple has a loud argument to the point where the neighbors call the police. Disorderly conduct charges also cover fighting, being abusive, disturbing the peace or in tandem with resisting arrest charges. If any of these situations apply to you, give us a call, we’ve had success in getting disorderly conduct charges reduced, or dropped altogether depending on the circumstances.

Possible Punishment for Disorderly Conduct

If the crime involves the handling, display or discharge of a gun, it is charged as a class six (6) felony. In addition, it will also be charged with an “Allegation of Dangerousness” for the use of a deadly weapon or dangerous instrument. A first offense “Dangerous Felony” includes a mandatory minimum prison sentence of one and one half (1.5) years, a presumptive prison term of two and one quarter (2.25) years, and a maximum of three (3) years of incarceration.

In addition, if the person has one (1) allegeable historical dangerous prior felony conviction, then the mandatory “prison only” sentence is three (3) years minimum, three and three quarters (3.75) years presumptive, and four and one half (4.5) years maximum of incarceration. If the person has two (2) allegeable historical dangerous prior felony convictions, then the mandatory minimum is four and one half (4.5) years, the presumptive is five and one quarter (5.25) years, and the maximum is six (6) years of incarceration.

If the Disorderly Conduct does not involve a deadly weapon, then it can be charged as a class one (1) disorderly conduct misdemeanor. The range of punishment for a class one (1) misdemeanor is anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2,500.00 plus an 84% surcharge, and up to three (3) years probation (which can include classes and counseling).

Possible Defenses for Disorderly Conduct

A Disorderly Conduct charge is not one to take lightly in Arizona. There are a variety of defenses a good disorderly conduct lawyer will use to defend you against a Disorderly Conduct charge. Which defenses are appropriate in a particular case depend on what actions by the defendant the prosecutor is alleging were a disturbance. This is a fact based inquiry that is required to be made on a case-by-case basis.

One of the common defenses that can be asserted against all Disorderly Conduct charges is that the defendant did not have the required mental state: the defendant did not know, nor did he intend, that his actions were disturbing the peace. For example, the defendant was unaware that his neighbors could hear his noise or see any of his gestures.

An example of a defense that could be asserted against one of the Disorderly Conduct allegations involving a firearm is demonstrating that the defendant merely lawfully possessed a firearm, and was not acting in a “seriously disruptive manner.” Many times people will overreact and assume the mere presence of a firearm constitutes seriously disruptive behavior. It is important to interview all persons present at the scene of the alleged disturbance in order to demonstrate that the defendant was acting somewhat reasonably, or, even though their behavior may have been disruptive, it was not “seriously disruptive.”

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard.

If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.

In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc..

Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Disorderly Conduct lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

The 17 Best Disorderly Conduct Defenses

Do I Need a Lawyer for a Disorderly Conduct AZ Charge?

Do you need a lawyer for a disorderly charge in Arizona? The answer most likely is, Yes. Do you have a professional job (military, law enforcement, finance, real estate)? If you are convicted of disorderly conduct it will be on your record and can effect your employment. You may face the prospect of losing your job and any professional certifications that you may hold. If you are a student and about to hit the job market, then a conviction for disorderly conduct will show up on your record and on background checks.

If you don’t want a disorderly conduct charge on your record, then it is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Defense Lawyer for Disorderly Conduct and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®.

Click here… if you have not been charged with Disorderly Conduct (Misdemeanor and Felony) yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Disorderly Conduct (Misdemeanor and Felony) lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Disorderly Conduct (Misdemeanor and Felony) Lawyers in Arizona know the system well.

The Collateral Consequences Of An Disorderly Conduct Conviction

The effects of a Disorderly Conduct conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Mitigation

When it comes to “Mitigation” regarding a charge of Disorderly Conduct, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Work with a DM Cantor Phoenix Disorderly Conduct Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Disorderly Conduct Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Misdemeanor and Felony Disorderly Conduct Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Disorderly Conduct Lawyers always offer free consultations for an initial visit with our Phoenix Disorderly Conduct Defense Attorneys. We are often considered to be the “best Disorderly Conduct Defense Lawyer”.

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